Will AAP MPs face disqualification after joining BJP?, Pg11

Key Highlights:

• Seven of the 10 Aam Aadmi Party (AAP) Rajya Sabha members joined the Bharatiya Janata Party (BJP) on April 24.
• The anti-defection law, in the Tenth Schedule of the Constitution, aims to curb floor-crossing by legislators.
• The Tenth Schedule originally had a "split" exception, removed in 2003, and a "merger" exception, which remains.
• A key point of contention is whether the conditions for a valid "merger" require both a party merger and legislative party consent.

Detailed Insights:

• The anti-defection law disqualifies legislators who voluntarily leave their party or defy party directives when voting.
• The "merger" exception allows legislators to join another party if their original party merges with that party, provided at least two-thirds of the legislature party agree.
• The interpretation of the "merger" exception is debated, specifically whether a "deemed" merger occurs with two-thirds of the legislature party's consent, even without a party-level merger.
• The Supreme Court has previously ruled that a split in the legislature party must stem from a corresponding split in the original political party.
• In 2019, the Goa Legislative Assembly rejected disqualification petitions after Indian National Congress MLAs joined the BJP, claiming a valid merger.
• The Bombay High Court upheld the decision, ruling that a "deemed" merger is triggered when two-thirds of a legislature party agrees to join another party.
• Experts suggest a valid merger requires the original party to merge first, followed by the support of two-thirds of the legislature party.
• A potential anomaly exists as Rajya Sabha MPs are elected by state MLAs, creating a disconnect if the MPs switch parties while the MLAs remain in the original party.

Key Concepts Involved:

• Anti-Defection Law: Law to prevent legislators from changing parties, ensuring stability.
• Tenth Schedule: Constitutional amendment that contains provisions related to the disqualification of Members of Parliament and state legislatures on grounds of defection.
• Legislature Party: All elected members of a House belonging to one political party.